DOB Withholds Permits from Overcommitted Construction Superintendents

By Penny Laughlin

Effective April 30, 2018, the Department of Buildings (DOB) will not issue or renew a permit if the designated Construction Superintendent (CS) is assigned to 10 or more active jobs. The move represents the agency’s latest effort to enforce compliance with the Construction Superintendent Rule. As communicated previously, contractors risk having all permits revoked, full Stop Work Orders issued, and fines of up to $25,000 levied if the CS of record on their permits is designated on more than 10 jobs.

In such situations, contractors can take the following actions to secure the necessary permit or renewal.

Change the Construction Superintendent

Renew the permit and change the registered CS on the job. Online renewal does not apply in such situations. The permit must be renewed in person at a borough office.

Withdraw the Construction Superintendent

To remove a CS from a project, submit a signed letter of intent to withdraw to the borough commissioner’s office in the borough where the work is taking place.

Release the Construction Superintendent

To release a CS from a job that is substantially completed, email the request to CSuper@buildings.nyc.gov.

Closing Completed Jobs

A CS is no longer required on site once all construction and/or demolition work has been completed according to approved construction documents. If all work has been completed but the permit remains active, while awaiting sign-off or certificate of occupancy, permit holders can request a waiver.

  • Send an email to CSQuestions@builidings.nyc.gov with the subject line: “CS Waiver Request”
  • Attach a letter from the Applicant of Record that certifies completion of all work, based on inspection. The letter should also include the permit number on which CS is designated, the filing address, and the name and registration number of the CS.

Once the DOB reviews and waives the CS, the job will no longer apply toward the 10-job limit.

To discuss the potential impact on your projects, call Metropolis Group at 212.233.6344.